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Constitutional Court
Levi Nyagura v (1) Lanzani Ncube, N.O. (2) The Prosecutor-General of Zimbabwe (3) Tapiwa Fresh Godzi (4) Michael Chakandida
[2019] ZWCCZ 7
Case Details
Court
Constitutional Court
Date
6 March 2019
Citation
[2019] ZWCCZ 7
Judgment No.
CCZ 7/19
Outcome
unknown
Case Type
Application
Bench
Presiding
Malaba CJ
Full Bench
Malaba CJUchena JCCMakoni JCC
Areas of Law
Constitutional LawCriminal Procedure
Keywords
prosecutorial authorityconstitutional questionsfrivolous and vexatioussection 175(4) Constitutionsection 85 Constitution
Tags
prosecutorial independenceconstitutional interpretationdirect accessreferral procedure
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Criminal Procedure and Evidence Act
- National Prosecuting Authority Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for direct access is properly before the Constitutional Court","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant approached Court under section 85(1) alleging violation of right to equal protection"}
- {"issue_text":"Whether the court a quo's determination of constitutional questions on merits violated applicant's right to equal protection under section 56(1)","issue_type":"constitutional","dispositive":"yes","related_facts":"Court a quo found constitutional questions frivolous and vexatious and determined them on merits"}
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background
Facts of the Case
Background
The applicant, former Vice-Chancellor of University of Zimbabwe, was charged with criminal abuse of office for allegedly improperly awarding a PhD degree to Mrs Mugabe. He raised constitutional questions about the legality of prosecutorial authority granted to members of the Special Anti-Corruption Unit. The magistrate court determined the constitutional questions on merits rather than referring them to Constitutional Court, finding the authority lawful under section 5(2) of CP&E Act.
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